GemLife over 50s resort development at Ballina rejected by court

Neighbours of a site where a 300-home development was proposed want the block turned into a wetland and made accessible for the whole community.

West Ballina resident John Chaseling says a court’s rejection of an over-50s resort has come as a great relief in his neighbourhood.

The developer, GemLife, took Ballina Shire to the Land and Environment Court over a 300 manufactured home project.

It was initially proposed as 300 lots, but that was reduced by 66 lots while the case was being heard in court.

Justice Brian Preston found that three endangered ecological communities were present in and around the development site which is currently a mix of vacant land and a few houses.

Those sites are home to five threatened species, such as the Southern Myotis bat, the Black-necked Stork, the Collared Kingfisher, the Mangrove Honeyeater and the Curlew Sandpiper.

“The development is likely to have serious and irreversible impacts on biodiversity values,” Justice Preston said in his decision.

He also said the site provides suitable foraging habitat for the Pied Oystercatcher.

“The applicant has proposed no measures to avoid the impacts of the development on the endangered ecological communities or habitat of the threatened species that occur on the development site.

“The existing endangered ecological communities and threatened species, and their habitats, on this land will be destroyed.”

West Ballina residents John Chaseling (front), Anne Lodington (left ) and Marilyn Chaseling (right) celebrate the court's decision to oppose the proposed 300-home development by GemLife.

“ The community is relieved”

West Ballina resident John Chaseling said he and his neighbours were relieved to hear the decision.

Mr Chaseling, his wife Maralyn and his neighbours fought against the application to develop a 14ha block on River Street.

The project was initially expected to cost $29 million, but the figure was revised to $48 million in June 2020.

“I think the community is relieved and happy about this outcome,” he said.

‘The process was completed properly and fairly.

“In the long run, we received a judgment that made sense.”

Fellow West Ballina resident Anne Lodging said she was surprised that the Judgement focused solely on environmental matters.

“the Judgement has a very significant impact, but I thought perhaps (the magistrate) could have mentioned some of the other issues we raised, given all the submissions we lodged at court, but I guess all of that was taken into consideration even though they spoke specifically about the ecological communities and the species that would be affected,” she said.

“I was concerned about the health of the river, my husband being a fisherman, and being a wetland on flood-plain, that was a big issue for me, but we are all very happy with the Judgement.”

Mr Chaseling and Mrs Lodging agreed the area — owned by Ballina Waterways Pty Ltd — could be purchased by council or the State Government and turned into a wetland used by the community via a boardwalk.

The West Ballina location of the 300-lot GemLife over-50s living development project rejected by the court.

An appeal is possible

A Ballina Shire spokeswoman confirmed the court found that four preconditions to the grant of consent had not been satisfied.

One of them was that the project was to be carried out on land “where a manufactured home estate is not permissible”.

The court also said the proposed development will have an adverse effect on the special ecological qualities of the land within the Coastal Wetlands.”

“(It) will significantly impact on the biophysical, hydrological or ecological integrity of the adjacent coastal wetland or the quantity or quality of surface and groundwater flows to and from the adjacent wetland.

In regards to a possible appeal, the council spokeswoman confirmed that the developer “may appeal to the Supreme Court on a question of law”.

Council has not discussed the future of the area with the landowners after the court’s decision, the spokeswoman said.

Developer GemLife was contacted for comment.

A seniors housing project for 147 sites in Skennars Head by GemLife was approved by the Northern Regional Planning Panel on May 31.